Use of projects — Revenue.
Any city issuing bonds under sections 50-1027 through 50-1042, Idaho Code, for the acquisition, construction, reconstruction, improvement, betterment or extension of any works or to rehabilitate existing electrical generating facilities, shall have the right to appropriate, apply or expend the revenue of such works or rehabilitated existing electrical generating facilities for the following purposes: (a) to pay when due all bonds and interest thereon, for the payment of which such revenue is or shall have been pledged, charged or otherwise encumbered, including reserves therefor; (b) to provide for all expenses of operation, maintenance, replacement and depreciation of such works or rehabilitated existing electrical generating facilities, including reserves therefor; (c) to pay and discharge notes, bonds or other obligations and interest thereon, not issued under this act for the payment of which the revenue of such works or rehabilitated existing electrical generating facilities may have been pledged, charged or encumbered; (d) to pay and discharge notes, bonds or other obligations and interest thereon which do not constitute a lien, charge or encumbrance on the revenue of such works or rehabilitated existing electrical generating facilities, which may have been issued for the purpose of financing the acquisition, construction, reconstruction, improvement, betterment or extension of such works or to rehabilitate existing electrical generating facilities; and (e) provide a reserve for improvements to such works or rehabilitated existing electrical generating facilities. Unless and until full and adequate provision has been made for the foregoing purposes, no city shall have the right to transfer the revenue of such works or rehabilitated existing electrical generating facilities to its general fund.
Notes of Decisions
Cited in
7
cases (
1 in the last 5 years), 1991–2023 · leading case:
Loomis v. City of Hailey, 807 P.2d 1272 (Idaho 1991).
Loomis v. City of Hailey, 807 P.2d 1272 (Idaho 1991).
· cites it 10× “Idaho Code § 50-1033 specifically allows a municipality to use revenues collected from users of the system to “provide for all expenses of operation, maintenance, replacement and depreciation of such works .”
Bradbury v. City of Lewiston, 533 P.3d 606 (Idaho 2023).
· cites it 4× “Idaho Code section 50-1033, for example, specifically “allows for the accumulation of reserves” for this purpose in connection to electrical generation facilities, “and there is no constitutional prohibition to this procedure.” Id. This is not to say that an excessive balance in…”
Hill-Vu Mobile Home Park v. City of Pocatello, 402 P.3d 1041 (Idaho 2017).
· cites it 2× “I.C. § 50-1033. The City wanted to obtain a profit in excess of the amounts necessary for the water and sewer systems to remain self-supporting.”
City of Chubbuck v. City of Pocatello, 899 P.2d 411 (Idaho 1995).
· cites it 2× “Although Pocatello charges a rate of return on the allocated cost of service, the Revenue Bond Act allows the collection of revenues sufficient to cover the costs of operation, maintenance, replacement and depreciation, including creating and maintaining reserves for such…”
N. Idaho Bldg. Contractors Ass'n v. City of Hayden, 432 P.3d 976 (Idaho 2018).
· cites it 2× “Idaho Code § 50-1033 specifically allows a municipality to use revenues collected from users of the system to "provide for all expenses of operation, maintenance, replacement and depreciation of such works .”
Manwaring Investments, L.C. v. City of Blackfoot, 405 P.3d 22 (Idaho 2017).
· cites it 2× “2d 411, 415 (1995) (citing I.C. §§ 50-1033(b), -1033(e)). Manwaring has presented no argument or evidence that the City uses the fees at issue for anything aside from these expressly permitted purposes.”
No ID Bldg Cont Assoc v. City of Hayden (Idaho 2018).
· cites it 2× “11 Idaho Code § 50-1033 specifically allows a municipality to use revenues collected from users of the system to “provide for all expenses of operation, maintenance, replacement and depreciation of such works .”
— Idaho Code § 50-1033(b) — 2 cases
City of Chubbuck v. City of Pocatello, 899 P.2d 411 (Idaho 1995).
“Although Pocatello charges a rate of return on the allocated cost of service, the Revenue Bond Act allows the collection of revenues sufficient to cover the costs of operation, maintenance, replacement and depreciation, including creating and maintaining reserves for such…”
Manwaring Investments, L.C. v. City of Blackfoot, 405 P.3d 22 (Idaho 2017).
“2d 411, 415 (1995) (citing I.C. §§ 50-1033(b), -1033(e)). Manwaring has presented no argument or evidence that the City uses the fees at issue for anything aside from these expressly permitted purposes.”
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